Legal Question in Criminal Law in California

In California, is it possible for an adult to clear a misdemeanor conviction (from 16 years ago)? I already got a 1203.4, but that's pretty much useless for background checks. I am a software engineer and work for elections related government agencies. I don't want my background to get me fired.

Asked on 9/27/09, 1:55 pm

3 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

You may want to consider a certificate of rehabilitation. It does more than an expungement. Make an appointment with a qualified attorney in or near your area to have a disscussion. David Wallin

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Answered on 9/27/09, 3:09 pm

Brian Dinday Law Offices of Brian R. Dinday

Another avenue exists, though it is rare when it can be done. If there was any legal defect in the conviction, it could be set aside and vacated and the charges reinstated. Usually the D.A. dismisses at that point. then you could petition for factual innocence, which unlike a certif of rehabilitation, will destroy all records of the old arrest, charges, conviction, etc. This could solve your problem with California gov agencies.

Petitions for Factual Innocence (PFI) under Penal Code Sec. 851.8 are my specialty. You can learn more on my website.

Good luck

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Answered on 9/27/09, 3:47 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

You do a motion to vacate the conviction. It can be done as there might be various grounds on which an old conviction could be set aside, some times for what you could describe as banal or technical reasons. For example, if you were not a citizen of the US when you were convicted, and the court did not give you a warning that a conviction could trigger adverse immigration consequences, you could have your conviction vacated.

Please free to give me a call to discuss your situation in more detail.

Jacek W. Lentz, Esq. 213.250.9200

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Answered on 9/28/09, 6:01 pm

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